How to File for Divorce in Maryland
Filing for Divorce in Maryland
Residency Requirements
- At least one spouse must have been a Maryland resident for at least 6 months before filing
- If grounds for divorce occurred outside Maryland, residency increases to 1 year
Grounds for Divorce
- Mutual Consent: Both parties agree (no waiting period)
- 12-Month Separation: Living apart for 12 months without cohabitation
- Irreconcilable Differences: With 6-month separation (2023 law change)
Filing Process
- File Complaint for Absolute Divorce in circuit court
- Serve your spouse
- Exchange financial statements
- Negotiate or proceed to trial
Maryland Family Court System
Family Courts in Maryland
Family law cases in Maryland are handled by Circuit Courts.
Court Structure
- 24 jurisdictions (23 counties + Baltimore City)
- Each has a circuit court with family law division
Major Metro Courts
- Baltimore City: Circuit Court for Baltimore City
- Montgomery County: Circuit Court, Rockville
- Prince George's County: Circuit Court, Upper Marlboro
Family Law Self-Help Centers
Available at most circuit courts to help with forms and procedures.
Maryland Divorce Filing Fees and Costs
Filing Fees in Maryland
Fee Schedule
- Divorce filing fee: $165
- Service fees: $40-$80 depending on method
Fee Waiver
Request for Waiver of Prepaid Costs available for those who cannot afford fees.
Typical Total Costs
- Uncontested: $1,000-$3,000
- Contested: $5,000-$30,000+
Free Legal Help for Family Law in Maryland
Free Legal Resources in Maryland
Maryland Legal Aid
- Website: mdlab.org
- Phone: 410-539-5340 (Baltimore) or check local office
- Largest civil legal aid provider in Maryland
Online Resources
- People's Law Library: peoples-law.org
- Maryland Free Legal Answers: maryland.freelegalanswers.org
- MD Courts Self-Help: mdcourts.gov/selfhelp
Pro Bono Programs
Maryland Volunteer Lawyers Service: mvlslaw.org
Maryland Divorce Deadlines and Requirements
Critical Deadlines in Maryland
Separation Period
- Mutual consent: No separation required
- Irreconcilable differences: 6 months separation
- Without mutual consent: 12 months separation
Response Deadline
30 days to file a response after being served (60 days if served out of state).
Financial Statements
Must be filed within 30 days of filing or response.
What Makes Maryland Family Law Unique
Maryland's Unique Family Law Features
2023 Divorce Law Changes
Maryland added irreconcilable differences as grounds for divorce with 6-month separation requirement.
Limited Divorce
Maryland offers "limited divorce" (legal separation) which can be converted to absolute divorce later.
Marital Property
Maryland is an equitable distribution state - property divided fairly, not necessarily equally.
Pendente Lite Alimony
Temporary alimony during divorce proceedings is common.
Best Interests Attorneys
Courts may appoint a Best Interests Attorney to represent the child's interests.
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This information is provided for educational purposes only and does not constitute legal advice. Laws change frequently. Consult with a licensed attorney for advice specific to your situation.